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City Council Meeting 9-26-06
Santa Monica, California
ORDINANCE NUMBER 2205 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS AND REVIEW
PROCESSES IN THE R1 SUNSET PARK AND NORTH OF WILSHIRE
NEIGHBORHOODS INCLUDING, BUT NOT LIMITED TO, STANDARDS AND REVIEW
RELATED TO SETBACKS, STEPBACKS, MAXIMUM PARCEL COVERAGE, SECOND
FLOOR PARCEL COVERAGE, GARAGES AND GARAGE DOORS,
ARCHITECTURAL PROJECTIONS, BALCONIES AND PORCHES, AND
ARCHITECTURAL REVIEW OF SPECIFIED STRUCTURES AND CLARIFYING THE
SECOND FLOOR PARCEL COVERAGE STANDARD ALSO APPLICABLE IN THE
NORTH OF MONTANA NEIGHBORHOOD
WHEREAS, the R1 Single Family area of the City bounded by Lincoln Boulevard
to the west, Pico Boulevard to the north, and the City boundaries to the east and south,
commonly referred to as the Sunset Park Neighborhood and the area of the City
bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to
the south, and the City boundary to the east, commonly referred to as the North of
Wilshire Neighborhood contain a mix of modest, older, single story and two story
homes; and
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WHEREAS, the development standards established by the City's Zoning
Ordinance authorize the construction of housing dramatically different from the existing
scale and character of these neighborhoods thereby significantly impacting existing
residences in terms of access to light and air, privacy, and the overall amount of open
space; and
WHEREAS, over the past five to six years, real estate values in the Sunset Park
and North of Wilshire neighborhoods have risen dramatically, with year over year
increases often exceeding twenty percent; and
WHEREAS, at the same time, and continuing into the present, interest rates
have remained at or near historically low levels; and
WHEREAS, these economic realities have fueled an active real estate market in
which buyers seek to acquire property in the Sunset Park and North of Wilshire
neighborhoods with the intent of demolishing existing homes and building new
residences; and
WHEREAS, during this time, the Sunset Park neighborhood and the North of
Wilshire neighborhood have experienced substantial redevelopment of homes; and
WHEREAS, if new houses are developed to the maximum size authorized by
current zoning, they could reach approximately 5,000 square feet in size, could also
contain lofts and mezzanines between the first and second floors and between the
second floor and the roof which would create the appearance of a three story structure;
and
WHEREAS, because of the combined height and massing of these houses, they
would tower over and dwarf the existing adjacent houses, would be wholly at odds with
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the existing scale and character of the neighborhood, and could be built without any
discretionary review; and
WHEREAS, the full build-out of these lots would substantially reduce the overall
amount of open space in the neighborhood and have a significant detrimental impact on
adjacent neighbors' access to light, air, and privacy; and
WHEREAS, if current development standards are permitted to continue, housing
could be developed which would severely impact existing residences, would be
incompatible with the existing neighborhood's scale and character, and would be
contrary to the neighborhood's historic development pattern; and
WHEREAS, for these reasons, the Zoning Ordinance requires reVISion as it
pertains to the appropriate development standards in the R1 Districts in the Sunset Park
and North of Wilshire neighborhoods.
WHEREAS, in light of the above-mentioned concerns, the City Council adopted
Ordinance Number 2066 (CCS) modifying the development standards in the Sunset
Park and North of Wilshire neighborhoods on February 25, 2003, and extended its
provisions by adopting Ordinance Number 2067 (CCS) on March 11, 2003, Ordinance
Number 2156 (CCS) on March 22, 2005, Ordinance Number 2160 (CCS) on June 28,
2005, and Ordinance Number 2172 (CCS) on October 25,2005; and
WHEREAS, Ordinance Number 2172 (CCS) will expire on March 11, 2007; and
WHEREAS, the City adopted new development standards for the R 1 Single
Family area of the City bounded by Montana Avenue, the northern City limits, Twenty-
Sixth Street, and Ocean Avenue, commonly referred to as the North of Montana
Neighborhood, in 1999; and
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WHEREAS, based on staff's experience in applying these provisions, it is also
necessary to clarify the second floor parcel coverage standard for the North of Montana
Neighborhood; and
WHEREAS, on August 16, 2006, the Planning Commission held a public hearing
to adopt a Resolution of Intention which stated the Commission's intention to
recommend modifications to the City's Zoning Ordinance to address the issues
specified above; and
WHEREAS, on September 6, 2006, the Planning Commission held a public
hearing on the proposed ordinance and recommended that the City Council approve the
proposed ordinance with certain specified modifications; and
WHEREAS, the City Council considered the proposed ordinance on September
12,2006; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan,
more specifically Land Use Element 1.10.1 which is to "encourage the development of
new housing while still protecting the character and scale of the existing neighborhood,"
Housing Element Policy 1.3 which states establish and maintain development standards
that support development while protecting quality of life goals, and Housing Element
Policy 1.7 which states that the City should maintain development standards that ensure
that the development of new housing in residential neighborhoods is designed to fit
within the existing neighborhood contexts; and
WHEREAS, the public health, safety and general welfare require the adoption of
the proposed amendment in that if the current development standards are not modified,
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additional housing would be developed that could severely impact existing residences,
would be incompatible with the existing neighborhood scale and character and would be
contrary to the neighborhood's historic development patterns, and in that the proposed
amendment will set development standards that will ensure that adequate light, air,
privacy, and open space is provided for each dwelling, that new development is
compatible with the North of Wilshire and Sunset Park neighborhoods, and the
character of these neighborhoods is maintained,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.02.070 IS hereby
amended to read as follows:
Section 9.04.08.02.070. Property development
standards.
All property in the R 1 District shall be developed in
accordance with the following standards:
(a) Maximum Building Height.
(1) Two stories, not to exceed twenty-eight feet,
which includes all building elements except chimneys and
required vents;
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(2) On lots of more than twenty thousand square
feet with a minimum front parcel line dimension of two
hundred feet, the height shall not exceed thirty-five feet for a
pitched roof or twenty-eight feet for other types of roofs.
(3) On lots of less than twenty-thousand square feet
in the area bounded by Montana Avenue, the northern City
limits, Twenty-Sixth Street and Ocean Avenue, the maximum
building height shall be thirty-two feet, except that for a
parcel with greater than thirty-five percent parcel coverage,
the maximum building height shall be one story, not to
exceed eighteen feet, which includes all building elements
except chimneys and required vents.
(b) Maximum Unit Density. One dwelling unit per
parcel, except where a use permit has been approved for a
duplex as permitted by Section 9.04.08.02.040(a).
(c) Minimum Lot Size. Five thousand square feet.
Each parcel shall contain a minimum depth of one hundred
feet and a minimum width of fifty feet except for parcels
bounded by the center lines of First Court Alley to the west,
Seventh Street to the east, Montana Place North Alley to the
south, and Adelaide Drive to the north, which shall contain a
minimum width of one hundred feet and a minimum depth of
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one hundred seventy-five feet. Any parcel existing on the
effective date of this Chapter shall not be subject to this
requirement.
(d) Maximum Parcel Coverage. Thirty-five percent
except that parcels with only one-story structures not
exceeding eighteen feet in height may have a maximum
parcel coverage of fifty percent, however, in the area
bounded by Stewart Avenue, Exposition Boulevard,
Centinela Avenue, and Pico Boulevard, maximum parcel
coverage shall be forty percent except that parcels between
three thousand one and five thousand square feet may have
a parcel coverage of fifty percent, and parcels of three
thousand square feet or smaller may have a parcel coverage
of sixty percent.
(e) Front Yard Setback. As shown on the Official
Districting Map of the City, or, if no setback is specified,
twenty feet.
(f) Additional Front Stepback Above Fourteen
Feet in Height. For new structures or additions to existing
structures, any portion of the front building elevation above
fourteen feet exceeding seventy-five percent of the
maximum buildable front elevation shall be stepped back
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from the front setback line an additional average amount
equal to four percent of parcel depth, but in no case resulting
in a required stepback greater than ten feet. However, in the
area bounded by Montana Avenue, the northern City limits,
Twenty-Sixth Street and Ocean Avenue, the stepback shall
be as follows: any portion of the front building elevation
above fourteen feet exceeding seventy percent of the
maximum buildable front elevation shall be stepped back
from the front setback line an additional average amount
equal to eight percent of parcel depth, but in no case
resulting in a required stepback greater than twelve feet.
As used in this Chapter, "maximum buildable
elevation" shall mean the maximum potential length of the
elevation permitted under these regulations, which includes
parcel width or length (as applicable), minus required
minimum setback.
(g) Rear Yard Setback. Twenty-five feet.
(h) Additional Rear Stepback Above Fourteen
Feet in Height. For new structures or additions to existing
structures, any portion of the rear building elevation above
fourteen feet exceeding seventy-five percent of the
maximum buildable rear elevation shall be stepped back
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from the rear setback line an additional average amount
equal to four percent of parcel depth, but in no case resulting
in a required stepback greater than ten feet. However, in the
area bounded by Montana Avenue, the northern City limits,
Twenty-Sixth Street and Ocean Avenue, the stepback shall
be as follows: the entire rear building elevation above
fourteen feet shall be stepped back an amount equal to thirty
percent of the lot depth, but no greater than forty feet from
the rear property line.
(i) Side Yard Setback.
(1) Except as otherwise provided in this subsection
(i), ten percent of the parcel width or a minimum of three feet
six inches, whichever is greater, but in no case greater than
fifteen feet.
(2) For structures over eighteen feet in height,
including all building elements except chimneys and required
vents, the required amount of setback for both side yards
combined as measured at any point on the parcel, shall
equal thirty percent of the parcel width but in no case be
greater than a total of forty-five feet. The minimum setback
for each side yard shall also be equal to ten percent of the
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parcel width, or a minimum of three feet, six inches
whichever is greater. (See also Section 9.04.10.02.190.)
(3) Subdivision (2) of this subsection (i) shall not
apply in the area bounded by Stewart Street, Exposition
Boulevard, Centinela Avenue, and Pico Boulevard,
(4) Subdivision (2) of this subsection (i) shall also not
apply in the following circumstances to parcels in the area
bounded by Lincoln Boulevard to the west, Pico Boulevard to
the north, and the City boundaries to the east and south and
in the area bounded by Montana Avenue to the north, 22nd
Street to the west, Wilshire Boulevard to the south and the
City boundary to the east:
(A) New structures on parcels that are 45 feet or less
in parcel width.
(B) Additions to existing structures that do not
constitute a substantial remodel on parcels that are less than
50 feet in parcel width.
(C) Any development on parcels that are less than
5,000 square feet in parcel area.
(D) If modified by the Architectural Review Board in
accordance with Section 9.04.08.02.080(f)(3) and (g).
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U) Additional Side Stepbacks Above Fourteen
Feet in Height. For new structures or additions to existing
structures, any portion of the side building elevation above
fourteen feet exceeding fifty percent of the maximum
buildable side elevation shall be stepped back from the side
setback line an additional one foot for every two feet four
inches above fourteen feet of building height to a maximum
height of twenty-one feet.
(k) Additional Side Stepback Above Twenty-One
Feet in Height. No portion of the building, except permitted
projections, shall intersect a plane commencing twenty-one
feet in height at the minimum sideyard setback and
extending at an angle of forty-five degrees from the vertical
toward the interior of the site. However, in the area bounded
by Montana Avenue, the northern City limits, Twenty-Sixth
Street and Ocean Avenue, no portion of the building, except
permitted projections, shall intersect a plane commencing
twenty-one feet in height at the minimum sideyard setback
and extending at an angle of thirty degrees from the
horizontal toward the interior of the site.
(I) Front Yard Paving. No more than fifty percent
of the required front yard area including driveways shall be
paved, except that lots with a width of twenty-five feet or less
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may have up to sixty percent of the required front yard area
paved. However, in the area bounded by Montana Avenue,
the northern City limits, Twenty-Sixth Street and Ocean
Avenue, no more than forty percent of the required front yard
area shall be paved, including driveways, except that lots
with a width of twenty-five feet or less may have up to sixty
percent of the required front yard area paved.
(m) Modifications to Stepbacks Above Fourteen
Feet in Height. The stepback requirements of subsections
(f), (h), 0), and (k) of this Section may be modified subject to
the review and approval of the Architectural Review Board if
the Board finds that the modification will not be detrimental
to the property, adjoining properties or the general area in
which the property is located, and the objectives of the
stepback requirements are satisfied by the provision of
alternative stepbacks or other building features which reduce
effective mass to a degree comparable, to the relevant
standard requirement.
(n) Driveways. No more than one driveway per
parcel to a public street shall be permitted on parcels less
than one hundred feet in width.
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(0) Basements and Subterranean Garages. No
basement or subterranean garage shall extend into any
required yard setback area, except for any basement or
garage located beneath an accessory building which is
otherwise permitted within a yard area, if such basement,
semi-subterranean or subterranean garage is located at
least five feet from any property line.
(p) Access to Subterranean Garages and
Basements.
(1) Up to a total of fifty square feet of area in the
side and rear yards may be utilized for lightwells or stairways
to below-grade areas of the main building and any accessory
buildings. However, in the area bounded by Montana
Avenue, the northern City limits, Twenty-Sixth Street and
Ocean Avenue, the side and rear yards may be utilized for
lightwells or stairways to below-grade areas of the main
building and any accessory building provided such
excavated area is setback a minimum of ten percent of the
lot width from the property line.
(2) No more than three feet of excavation below
grade for a driveway, stairway, doorway, lightwell, window or
other such element to a subterranean or semi-subterranean
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garage or basement shall occur in the front yard setback
area. This requirement may be modified by the Architectural
Review Board for parcels with an elevation rise of five feet
from the front property line to a point fifty feet towards the
interior of the site if it finds that topographic conditions
necessitate that such excavation be permitted. However, in
the area bounded by Montana Avenue, the northern City
limits, Twenty-Sixth Street and Ocean Avenue, no
excavation for a driveway, stairway, doorway, light-well,
window or other such element to a subterranean or semi-
subterranean garage or basement shall be permitted in the
front yard setback area; and this prohibition shall not be
modified by the Architectural Review Board.
(q) Roof Decks. Roof decks shall be set back at
least three feet from the minimum sideyard setback. The
height of any railings or parapets associated with such roof
decks may not exceed the maximum allowable building
height for the structure.
SECTION 2.Santa Monica Municipal Code Section 9.04.08.02.075 IS hereby
amended to read as follows:
Section 9.04.08.02.075. Special project design
and development standards for the North of Montana
Avenue Neighborhood.
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Notwithstanding Section 9.04.10.02.180, projects in
the area bounded by Montana Avenue, the northern City
limits, Twenty-Sixth Street and Ocean Avenue, shall comply
with the following special project design and development
standards. These standards are intended to promote design
flexibility, encourage the retention of existing structures that
contribute to neighborhood character and pedestrian scale,
and result in homes that do not impact the light, air, open
space, and privacy of adjacent structures.
(a) For parcels with a maximum ground floor parcel
coverage of thirty-five percent, the maximum second floor
parcel coverage, including the second floor of all accessory
buildings, shall not exceed twenty-six percent of the parcel
area. Second floor parcel coverage may be increased up to
a maximum of thirty percent of the parcel area if the ground
floor square footage is reduced an equivalent amount.
Conversely, the ground floor coverage may be increased to
a maximum of forty percent if an equivalent amount is
reduced on the second floor. For purposes of this
subsection (a), the area in any single story portion of the
structure that exceeds the height of the second floor
elevation shall count toward second floor parcel coverage,
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except where the roofline of the single story portion does not
exceed 18 feet in height.
(b) In computing the first floor parcel coverage for a
parcel with alley access, one-half the width of a rear alley,
which abuts the parcel, may be counted as a portion of the
parcel area if alley access is provided and there are no curb
cuts for the purpose of providing street access to on-site
parking.
(c) The aggregate square footage of second floor
balconies, terraces or roof decks shall not exceed four
hundred square feet.
(d) The area of any patio, balcony, roof deck or
terrace open on less than two sides shall count towards
parcel coverage and shall count for second floor parcel
coverage if the floor line is above fourteen feet in height.
(e) Any individual second floor balconies, terraces
or roof decks greater than fifty square feet and located in the
rear two-thirds of the parcel shall be set back twelve feet
from any property line.
(f) Garage doors facing the public street must be
set back a minimum of five feet from the front setback line
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and may not exceed sixteen feet in width unless located in
the rear thirty-five feet of the parcel.
(g) A one-story garage attached to the primary
structure with a maximum height of fourteen feet, including
parapets and railings, a maximum length of twenty-five feet,
and with garage doors perpendicular to the public street,
shall be allowed to project up to six feet into the required
front yard if no alley access exists, but may not extend closer
than twenty feet to the front property line.
(h) Exterior stairs and required fire escapes shall
not project into the required front or side yard areas.
(i) Porte cocheres not more than twenty feet long,
not more than fourteen feet in height including railings or
parapets, and open on three sides may project into required
side and rear yards.
U) Balconies and porches open on at least two
sides with a maximum height of fourteen feet including
parapets and railings, that do not exceed fifty percent of the
front building width measured at the front facade, may
project up to six feet into the required front yard. Stairs less
than three feet above grade may project an additional four
feet into the required front yard.
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(k) The requirements of subsections (c), (f) and U) of
this Section may be modified subject to the review and
approval of the Architectural Review Board pursuant to
Section 9.04.08.02.080(g).
SECTION 3. Section 9.04.08.02.076 IS hereby added to the Santa Monica
Municipal Code Section to read as follows:
Section 9.04.08.02.076. Special project design
and development standards for the Sunset Park and
North of Wilshire Boulevard Neighborhoods.
Notwithstanding Section 9.04.10.02.180, projects in
the area bounded by Lincoln Boulevard to the west, Pico
Boulevard to the north, and the City boundaries to the east
and south, and the area of the City bounded by Montana
Avenue to the north, 22nd Street to the west, Wilshire
Boulevard to the south, and the City boundary to the east,
shall comply with the following special project design and
development standards. These standards are intended to
promote design flexibility, encourage the retention of existing
structures that contribute to neighborhood character and
pedestrian scale, and result in homes that do not impact the
light, air, open space, and privacy of adjacent structures.
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(a) For parcels with a maximum ground floor parcel
coverage of thirty-five percent, the maximum second floor
parcel coverage, including the second floor of all accessory
buildings, shall not exceed twenty-six percent of the parcel
area. Second floor parcel coverage may be increased up to
a maximum of thirty percent of the parcel area if the ground
floor square footage is reduced an equivalent amount.
Conversely, the ground floor coverage may be increased to
a maximum of forty percent if an equivalent amount is
reduced on the second floor. For purposes of this
subsection (a), the area in any single story portion of the
structure that exceeds the height of the second floor
elevation shall count toward second floor parcel coverage,
except where the roofline of the single story portion does not
exceed 18 feet in height.
(b) Garage doors facing the public street must be set
back a minimum of five feet from the front setback line and
may not exceed sixteen feet in width unless located in the
rear thirty-five feet of the parcel.
(c) A one-story garage attached to the primary
structure with a maximum height of fourteen feet, including
parapets and railings, a maximum length of twenty-five feet,
and with garage doors perpendicular to the public street,
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shall be allowed to project up to six feet into the required
front yard if no alley access exists, but may not extend closer
than twenty feet to the front property line.
(d) Eaves, awnings, canopies, sunshades, sills,
cornices, belt courses, trellises, arbors and similar
architectural projections may extend a maximum of 18" into
an interior side yard or 30" into a street side yard, provided
that such projections shall not be closer than three feet to
any property line.
(e) Balconies and porches open on at least two sides
with a maximum height of fourteen feet including parapets
and railings, that do not exceed fifty percent of the front
building width measured at the front facade, may project up
to six feet into the required front yard. Stairs less than three
feet above grade may project an additional four feet into the
required front yard.
(f) The requirements of subsections (b) and (e) of this
Section may be modified subject to the review and approval
of the Architectural Review Board pursuant to Section
9.04.08.02.080(g).
SECTION 4. Santa Monica Municipal Code Section 9.04.08.02.080 IS hereby
amended to read as follows:
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Section 9.04.08.02.080. Architectural review.
No building or structure in the R 1 District shall be
subject to architectural review pursuant to the provisions of
Chapter 9.32 of this Code except:
(a) Properties installing roof or building-mounted
parabolic antennae (only with respect to the antennae and
screening);
(b) Duplexes;
(c) Any structure above fourteen feet in height that
does not conform to the required yard stepbacks for
structures above fourteen feet in height;
(d) Any structure that does not conform to the
limitations on access to subterranean garages and
basements;
(e) Any development in the area bounded by
Montana Avenue, the northern City limits, Twenty-Sixth
Street and Ocean Avenue, with regard to the following
conditions only:
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(1) Any development with an aggregate square
footage of second floor balconies, terraces or roof decks
which exceeds four hundred square feet.
(2) Any structure with garage doors facing the public
street within the front one-half of the parcel which are not
setback from the building facade a minimum of five feet.
(3) Any structure with balconies or porches open on
at least two sides with a maximum height of fourteen feet
including parapets and railings, which project into the
required front yard and which exceed fifty percent of the front
building width measured at the front facade.
(4) Any structure with side yard setbacks that do not
conform with Section 9.04.08.02.070(i)(2) but which has
minimum setbacks for each side yard equal to ten percent of
the parcel width.
(f) Any development in the area bounded by Lincoln
Boulevard to the west, Pico Boulevard to the north, and the
City boundaries to the east and south and the area of the
City bounded by Montana Avenue to the north, 22nd Street to
the west, Wilshire Boulevard to the south, and the City
boundary to the east, with regard to the following conditions
only:
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(1) Any structure associated with a new residential
building, substantial remodel, or a 50% or greater square
foot addition to an existing home located on a parcel with a
grade differential of 12.5 feet or more between the front and
rear parcel lines. The Architectural Review Board may
approve projects pursuant to this subdivision (1) of
subsection (f) if the following finding of fact is made: the
size, mass, and placement of the proposed structure is
compatible with improvements in the surrounding
neighborhood. No other findings of fact are required.
(2) Any structure with garage doors facing the public
street which are not set back a minimum of five feet from the
front setback line.
(3) Any structure on a parcel that is 50 feet or more in
width that does not comply with Section 9.04.08.02.070(i)(2).
(4) Any structure with balconies or porches open on
at least two sides with a maximum height of fourteen feet
including parapets and railings, which project into the
required front yard and which exceed fifty percent of the front
building width measured at the front fac;ade.
(g) The Architectural Review Board may approve
the design modifications set forth in Section
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9.04.08.02.080(e) provided all the following findings of fact
are made and may approve the design modifications set
forth in Section 9.04.08.02.080(f)(2)-(f)(4) provided that all of
the following findings of fact, except subdivision (5) of this
subsection (g), are made:
(1) There are special circumstances or exceptional
characteristics applicable to the property involved, including
size, shape topography, surroundings, or location of the
existing improvements or mature landscaping on the site.
(2) The granting of the design modification will not
be detrimental nor injurious to the property or improvements
in the general vicinity and district in which the property is
located.
(3) The granting of the design modification will not
impair the integrity and character of this R1 neighborhood,
nor impact the light, air, open space, and privacy of adjacent
properties.
(4) In the case of additions to buildings in the City's
Historic Resources Inventory, the design modification is
compatible with the building's historic architectural character,
does not result in the removal of historic building features,
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and the addition is consistent with the Secretary of the
Interior Standards for Rehabilitation.
(5) The design modifications also comply with the
criteria established in Section 9.32.140.
Any applicant for a development subject to
architectural review under these provisions shall provide
certification of notice to all owners and commercial and
residential tenants of property within a radius of three
hundred feet from the exterior boundaries of the property
involved in the application, not less than ten days in advance
of Architectural Review Board consideration of the matter,
which notice and certification thereof shall be in a form
satisfactory to the Zoning Administrator.
(h) Any existing structure that would not comply with
the minimum side yard setback of ten percent of the parcel
width required by Section 9.04.08.02.070(i) due to the
combination of two contiguous parcels into a single building
site. The Architectural Review Board may approve a
modification to the minimum side yard setback provided the
following findings of fact are made:
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(1) Only one of the side yard setbacks for the existing
structure would become non-conforming due to the
combination of contiguous parcels,
(2) This non-conforming side yard setback would not
physically change,
(3) The aggregate setback on the combined lots shall
be a minimum of thirty percent of the total combined lot
width.
(4) The combined lot width shall not exceed one
hundred twenty feet.
(5) The granting of the design modification will not be
detrimental nor injurious to the property or improvements in
the general vicinity and district in which the property is
located.
(6) The granting of the design modification will not
impair the integrity and character of this R1 neighborhood,
nor impact the light, air, open space, and privacy of adjacent
properties.
(i) In the event the property owner seeks to re-divide
a parcel created through the combination of contiguous lots
after the Architectural Review Board has acted pursuant to
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subsection (h) of this Section, the Architectural Review
Board may approve such a re-division provided the following
finding of fact is made:
No construction has taken place since the original
combination of parcels.
SECTION 5. Santa Monica Municipal Code Section 9.04.10.02.180 IS hereby
amended to read as follows:
Section 9.04.10.02.180. Projections permitted into
required yards.
Except as provided in Sections 9.04.08.02.075 and
9.04.08.02.076, the following chart sets forth the allowances
for various projections permitted into the required yards in
residential, industrial, and commercial districts. Projections
shall not be permitted closer than 4 feet to any property line.
Projections as listed below into existing, non-conforming
yard areas shall be permitted only if the projection does not
extend closer to the property line than would be permitted if
the yard area conformed to current standards. The various
types of projections and the limitations on such projections
into required yards are as follows:
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Projections Front Street Interior Rear
Yard Side Yard Side Yard Yard
Eaves, awnings, canopies, sun 30" 30" ] 8" 4'
shades, sills, cornices, belt
courses, trellises, arbors, and
other similar architectural features
Flues, chimneys, water heater ] 8" ]8" 18" ]8"
enclosures, and similar vertical For structures with conforming setbacks
architectural projects not more
than 5' wide parallel to the side yard ]2" ]2" ]2" ]2"
and that do not exceed 20% of the For structures with non-conforming setbacks
fayade width
Patios, porches, platforms, decks, 6' 6' No limit 6'
unexcavated side yard area, and other
unenclosed areas not covered by a roof or
canopy and that may be raised above the
level of the adjacent grade but do not extend
more than 3' above the average natural grade
Balconies, and stairways that are open, 30" 30" 0' 4'
unenclosed on at least two sides
Greenhouse windows and bay 18" ]8" ]8" 18"
windows that are not greater than Provided the structure has a conforming setback
6' wide parallel to the side yard
Required fire escapes Not ]2" or 2" 4'
perm itted per ] , of
required side
yard which-
ever IS
greater
Porte cochere not more than 20' Not permitted in front yard.
long and open on three sides Permitted in side and rear yard.
except for necessary structural supports and
not more than 16 feet in height.
Mail box canopy not more than 30" 30" 30" 4'
10' long.
Recreational vehicle storage, Not permitted in front or side yard areas.
central air conditioning, swimming Permitted anywhere in rear yard area.
pool, spa equipment.
Second floor decks, patios, or balconies, 30" 30" 30" 4'
covered or uncovered, adjacent to primary
living spaces in OP-Districts
28
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
29
Approved and adopted this 26th day of September, 2006.
~~~/~
Robert T. Holbrook, Mayor
State of California )
County of Los Angeles) S$.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2205 (CCS) had its introduction on September 12, 2006, and
was adopted at the Santa Monica City Council meeting held on September 26, 2006, by
the following vote:
Ayes:
Council members:
Bloom, Genser, Katz, McKeown, O'Connor,
Mayor Pro Tem Shriver, Mayor Holbrook
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~~~\).~~
Maria M. Stewa , City Clerk